LAWS(BOM)-2018-1-344

LAXMINARAYAN S/O CHOTELAL LADHORIYA (RATHOD) Vs. THE UNION OF INDIA, THROUGH THE SECRETARY, HOME DEPARTMENT, RAKSHA BHAVAN, NEW DELHI

Decided On January 25, 2018
Laxminarayan S/O Chotelal Ladhoriya (Rathod) Appellant
V/S
The Union Of India, Through The Secretary, Home Department, Raksha Bhavan, New Delhi Respondents

JUDGEMENT

(1.) This Petition under 00 is filed with following prayers:

(2.) The Petitioner claims that he is a social worker. It is the case of the Petitioner that Respondent No. 5 Scheduled Castes and Scheduled Tribes Caste Validity Committee, Aurangabad is a State Government establishment. As per the provisions of the Flag Code of India, it is the statutory and moral duty of every Government officer to show due regard and respect to the National Flag and National Anthem. The Petitioner submits that since 2001 till 2008 Respondent No. 5 Committee has not performed the Flag hoisting ceremony at its office on the specified dates like 26th January, 15th August and other such dates as may be notified by the State Government like Marathwada Mukti Sangram Din, Maharashtra Day etc. Hence this Petition.

(3.) Learned counsel appearing for the Petitioner submits that Respondent No. 5 is the office of the State Government, which is established in Aurangabad since 2001. Learned counsel submits that since its establishment, Respondent No. 5 is not performing Flag hoisting ceremony in its office premises. He submits that, in this respect, the Petitioner has filed several representations to various authorities but no cognizance was taken. He therefore prays that the Petition may be allowed.